The following applies between You as the user of my.digitalSTROM and digitalSTROM Ltd, Brandstrasse 26, CH-8952 Schlieren-Zürich:
1.1. The terms and conditions apply to our services that we provide relating to the digitalSTROM System (as described in Section 2). To the extent You have Your own conditions or intend to employ them, we contest them herewith so that they do not apply. Reserved remains any mutual agreement and expressed deviation to these terms and conditions in writing.
1.2. These terms and conditions also apply for orders in the online shop at digitalstrom.com. Section 17 sets out additional provisions to describe the ordering procedure within our online-shop. Section 18 describes your right of revocation.
1.3. The terms and conditions apply under the reservation of expressed exceptions regardless of whether You use the entire digitalSTROM System (as described in Section 2) or only a portion thereof.
1.4. Apartments, individual premises, buildings, or properties, where You employ the digitalSTROM System or portions thereof are referred to hereunder as the generic Rooms. By referring to Rooms, we are expressing the assumption that You only use the digitalSTROM System to the extent so entitled (regardless of ownership of the Rooms).
1.5. You may be subject to special obligations vis-à-vis persons located in these Rooms, e.g. when You use the digitalSTROM System in Rooms where You do not actually reside. Please refer to the notes in Section 19.6.
1.6. Other rules apply to some extent for consumers versus enterprises. The terms and conditions provide a reference at the appropriate locations. Any person is deemed a consumer who concludes a legal transaction that cannot be assigned to a person‘s commercial or independent professional activities. Whoever acts, however, in the exercise of his or her independent professional or commercial activities, is deemed as an enterprise in their relationship to us.
2. Overview of the digitalSTROM System
2.1. The digitalSTROM System is comprised in particular of the following:
- digitalSTROM components used at Your location, namely the digitalSTROM Server (dSS) and digitalSTROM terminals (hereinafter referred to together as digitalSTROM components);
- Applications that You can load to Your digitalSTROM Server (Server Apps);
- digitalSTROM applications that You can download to Your mobile device (smartphone, tablet) (Mobile Apps);
- The online offering described in greater detail in Section 5 (my.digitalSTROM);
- other services that we integrate in the aforementioned services or digitalSTROM components (Special services).
2.2. We offer You the digitalSTROM System to extend Your local, electrical end devices in Your Rooms for building automation and control with the help of properly used digitalSTROM components (building automation and control for own use in Your Rooms). You can purchase electrical end devices in our online shop (see Section 17).
2.3. digitalSTROM components are deemed properly used when ordered through the proper channels, when the digitalSTROM components meet the current applicable certifi cations (namely ”dS READY” by the digitalSTROM alliance), and when You use the digitalSTROM components only to the extent You are so entitled.
3. dSS and server Apps
3.1. You can access Your dSS using off-the-shelf browser software via a network cable. The management console is displayed in Your browser; You use it to enable or disable the desired extensions to dSS (Server Apps) as well as make any other settings.
3.2. The numerous options within the management console provide You a considerable degree of control as to how Your data is used. Be responsible as to Your choices. We assume that You will modify the settings to meet Your personal needs and disable or modify certain settings that You no longer need.
4. Mobile Apps
4.1. You must assign the appropriate rights in advance within the dSS in order to access Your dSS via Your mobile device (smartphone or tablet). You can disable or enable Your smartphone there, as well as make any other settings.
4.2. Make any supplemental settings on Your mobile device or at my.digitalSTROM.
5.1. my.digitalSTROM is the platform for managing and controlling properly used digitalSTROM components. We operate my.digitalSTROM on a technically secured server infrastructure, available via the Internet at digitalSTROM.com. You receive access to available options after successfully opening Your user account at my.digitalSTROM. You must assign the appropriate rights in advance within the dSS in order to access Your dSS via my.digitalSTROM.
5.2. my.digitalSTROM recognizes and documents events in electrical circuits in Your Rooms where one or more digitalSTROM terminals are installed and allows You to control them (change the brightness of the lamps; user defi ned light scenes in the Rooms at the location, their selection by the user, etc.). The network connection of dSS to the Internet must remain uninterrupted as a rule in order for You to fully enjoy all the benefi ts of my.digitalSTROM.
5.3. The basic function of my.digitalSTROM is the opportunity to access the dSS in Your Rooms in a decentralized manner (e.g. via a smartphone or computer outside Your Rooms) to control the digitalSTROM terminals. Additional functionality offered as part of my.digitalSTROM expands on the basic functionality.
5.4. my.digitalSTROM may only be used together with authorized products. Authorized products are deemed as those products offered as per our data (specifi cally at www.digitalstrom.com) for use together with my.digitalSTROM.
5.5. In the event the scope of services does not expressly differ or is supplemental to an order for my.digitalSTROM, the scope of services as agreed to and made available to You applies as the agreed to scope of services in terms of these terms and conditions.
5.6. We continuously update and maintain the usefulness of my.digitalSTROM in view of the applicable technical and organizational framework conditions throughout the contract period. We have the right at any time to expand or modify the offered content to maintain quality standards, but also in light of technical or business developments.
6. Special services
We can offer various special services as part of the digitalSTROM System. You can order special services either via my.digitalSTROM or through settings on the dSS or on the mobile App, either individually or bundled.
7. Availability of my.digitalSTROM and Mobile Apps
7.1. One hundred percent availability of my.digitalSTROM or Mobile Apps is not achievable from a technical standpoint. We make every effort, however, to keep my.digitalSTROM and the Mobile Apps offered by us constantly available, using available resources and within reason from a business standpoint.
7.2. We reserve the right, to switch off for servicing individual servers of the server structure and to temporarily limit availability to the digital- STROM System in part or in whole. We announce maintenance work in advance whenever possible.
8. Additional services
For the scope of service of separately agreed to services, the agreement made on a case-by-case basis applies exclusively as well as supplemental information that we announce to this end on our website as applicable.
9. Right of use to the digitalSTROM System
9.1. Under reservation of 9.2, You have the non-exclusive, limited to the period of the contract, non-transferrable, non-sublicensable right, and revocable right of use of the elements ordered by You as per Section 2.2 of the digitalSTROM System for the purposes of building automation and control for Your own purposes in Your Rooms (Right of use).
9.2. As a supplement or as restrictive conditions, we may establish separate terms and conditions or separate rules for individual elements of the digitalSTROM System.
9.3. Under reservation of Section 9.2, Section 9.1 conclusively regulates Your right of use. Any use of the digitalSTROM System above and beyond this is prohibited.
9.4. To the extent we offer elements of the digitalSTROM System at no charge to You the Right of Use is established as follows:
- in the event of my.digitalSTROM: after successfully opening Your user account at my.digitalSTROM, the scope being applicable to services to which You have subscribed;
- in the event of Server Apps or Mobile Apps: as per the date You download such App to the dSS, or on a mobile device, each with a scope as enabled by You;
- in the event of special services: as of the activation of the service, each with a scope as enabled by You.i
9.5. If purchasing elements of the digitalSTROM System, Your right of use arises as of the complete payment of compensation due for the period of intended use.
10. Intellectual property
10.1. By using the digitalSTROM System, You recognize that the rights to the digitalSTROM System (and its elements) belong to us (or our partners). This applies in particular to all digitalSTROM components, my.digitalSTROM, Server Apps and Mobile Apps as well as special services.
10.2. You are not permitted to copy, distribute, render accessible via framing or other methods, all or portions of my.digitalSTROM. Under no circumstances my non-published content be published outside of my.digitalSTROM. It is specifi cally prohibited to allow third parties to use Your user account in my.digitalSTROM. You are not permitted to reengineer, collect in a systematic manner, or save it as a whole.
10.3. Section 10.2 applies to Mobile Apps accordingly.
11. Password protected access
11.1. We provide You with password protected access to my.digitalSTROM via the Internet. We use a secure transmission protocol (Secure Sockets Layer, SSL / Transport Layer Security, TLS) to encrypt Your transmitted data to protect the security of Your data during transmission.
11.2. You are obligated not to disclose Your access data to unauthorized parties. You are responsible for carefully storing Your access data, and protect it against access by third parties. We reject any and all liability for damage incurred due to the misuse by You or loss of Your access data (user ID, password).
12. Personal data in the user account
12.1. We log and process information about You that is required to transact the contractual relationship (user recognition, user data, and usage data). We handle this data in a confi dential manner.
12.2. We save Your data in Your user account. The user account combines information about You, which both You and we require to properly understand and manage the contractual relationship between us and You (e.g. Your contact data, Your orders, and payments). We reserve the right to refuse registration without stating the reasons.
12.3. You are required during registration to provide the correct data and to keep Your data up-to-date in the user account.
12.4. Your contractual relationship to us and Your user account is non-transferrable.
12.5. Each user may register any time, but only once per installed dSS.
12.6. We reserve the right to delete Your user account if You have not used it over the past 12 months (log in) and not responded to our request per email to the email address indicated in the user account within an additional month. We also reserve the right to delete Your user account when You no longer can be reached via the email address indicated in the user account.
13. Additional data in my.digitalSTROM, on devices at the location and on mobile devices
13.1. my.digitalSTROM is a system that depends on information on the intended application to work correctly. my.digitalSTROM includes the following information about the user, in different contexts accordingly and as a supplement to the user account, information on deployment location, Rooms where You reside and user preferences:
- Configuration entries (static/set by user)
- Dynamic information (dynamic/when used)
- Data on the use of special services or Apps (dynamic/when used)
- Error messages and other system events relating to the user (dynamic/when used)
my.digitalSTROM synchronizes this information with the dSS. To this end, we periodically check the connection between my.digitalSTROM and Your dSS. The information is linked to Your user account.
13.2. In addition, my.digitalSTROM stores additional information, but the isolated manner in which we use it preserves the privacy of the user:
- Static data
- System data
13.3. Our data protection provisions describe in detail the relationship of Your usage in the digitalSTROM System with the processing of the data.
13.4. You consent herewith to data processing in terms of Sections 13.1 – 13.3.
13.5. We may establish additional provisions for individual services that apply as a supplement to the general provisions on data protection.
14. Storage period for personal data saved at my.digitalSTROM
14.1. We retain the personal data saved in the context of Your use of my.digitalSTROM no longer than until the user account is deleted (Section 14.2).
14.2. The user account is deleted at Your request or by us (each as per Section 21.3) or within two months after cancellation of the contractual relationship as established under these terms and conditions.
14.3. Please contact us at firstname.lastname@example.org if You would like to have personal data deleted that You previously entered at my.digital- STROM. We reserve the right to set up other ways to delete data. If You initiate a delete of certain information from my.digitalSTROM, the settings may be synchronized with the dSS as needed, which may result in the deletion of the corresponding data on Your dSS.
15. Procedures for change of address or sale
15.1. When changing apartments or selling Your property, where You use my.digitalSTROM, You must disconnect Your user account at my.digital- STROM from the digitalSTROM components left behind in the Rooms. Failure to do so may under certain circumstances result in criminal sanctions. To disconnect, You delete the MAC address of Your dSS within my.digitalSTROM and from Your mobile app as applicable.
15.2. In the event You assume local infrastructure from a legal predecessor, You must ensure that You reset or reissue passwords and access rights in dSS in order to close an otherwise obvious security gap (missing or incomplete password protection).
16. Payment of compensation
16.1. Unless otherwise noted, we grant You a free right of use to my.digitalSTROM during the period of the contract in terms of and at the conditions set forth in the terms and conditions.
16.2. In the event that we are to provide You services subject to costs at Your request, You are herewith required to pay the established compensation (specifi cally, subscription fees or the cost of installing an App, price for the purchase of products or services in our online shop, etc.) as well as any other fees (as applicable, recurring fees, setup fees, training fees, etc.) (hereafter referred to overall as Compensation). The amount of compensation is determined in this case from the applicable bid.
16.3. Unless otherwise stated, our invoices are payable within 20 days. Our prices are understood to always exclude any V.A.T. and expenses unless otherwise indicated. Unless otherwise specifi ed, prices for products or services that you order or enable via the online shop are payable in advance. Otherwise, relevant information about payment deadlines and value-added taxes applicable to products and services that you order via the online shop is identifi ed along with the respective product or service description.
16.4. We reserve the right to unilaterally increase any agreed to compensation. We announce any such increases in a reasonable manner and at least four weeks in advance. You have the right to cancel our legal relationship up to the point that our increase of the compensation enters into force as per our notifi cation.
16.5. Suspension of access to my.digitalSTROM as well as the ending of an existing legal relationship under the terms and conditions in no way relieves You of the obligation to pay any compensation due to which You are obligated under the existing agreements with us.
16.6. You are required to immediately report defects and technical faults to us in writing. To this end, You must consider within reason our notes on problem analysis and forward all information at Your disposal required to troubleshoot any fault.
17. Ordering Procedure in our Online Shop at digitalstrom.com (contracting party, ordering procedure, contract formation)
17.1. Contracting Party: When you order in our online shop, a contract will be concluded between you and us, digitalSTROM AG, Brandstrasse 26, CH-8952 Schlieren, CEO: Adrian Obrist. The company is registered in the commercial register of the Canton of Zurich under the registration number CH-020.3.032.492-5. The value added tax identifi cation number (CH) of the Company is CHE 114 336 748 VAT. Neither the shipping companies we use to deliver your order to you, nor payment processor companies we use, will be your contractual parties.
17.2. Process: The presentation of products in our online shop is not a legally binding offer, but an invitation to order. Inaccuracies in what is being expressed on the Websites cannot be fully excluded. When ordering from our online store, the order process includes a total of 5 steps:
Step 1: ”Shopping Cart” (selection) Here you choose, from the available menu, those products you may wish to buy. You can place a product or multiple products in your shopping cart. The shopping cart is displayed to you. You can choose to buy further products by pressing the ”Continue Shopping” [”Weitershoppen”] button, or to begin the payment process by pressing the ”Checkout” [”zur Kasse”] button, and then enter your customer data (see step 2).
Step 2: ”Customer Data” At this point, you enter your customer data including billing address and, if desired, a different delivery address. In order to shop in our online store you must be registered as a customer, and you must have activated your customer account. When logged in into that account with your e-mail address and your personal password you can order conveniently in our online store. In your Account, you can also check the status of your order. If you have forgotten your password, we offer you to send a new password to you. This password can be changed in your account settings at any time. If you have already created an account in our online store, you can login with your e-mail address and your personal password.
Step 3: ”Payment” Once you have decided on buying the products selected in the order summary, you can specify the method of payment for your order under ”Payment” [”Bezahlen”] part of the shopping process.
Step 4: ”Review Your Order” In the fourth step we show you an overview of your order and the ability to trigger the order by clicking the button ”BUY NOW” [”JETZT KAUFEN”]. Only when you press the button ”BUY NOW” [”JETZT KAUFEN”], you submit your order.
Step 5: In the last step we will confi rm the technical transfer of your order. You also have the option to print your order summary right in this fi fth step. We will confi rm the technical receipt of your order immediately upon receipt by email.
17.3. Conclusion of the contract: By sending an order confi rmation by e-mail we accept your order. By that confi rmation email, the contract is concluded. We can accept your offer by e-mail within 24 hours from receiving your order.
18. Right of revocation for consumers
If You are a consumer in a country of the European Union You have the right to withdraw from an order made under www.digitalstrom. com, under the following provisions of this Section 18. The details of this right of withdrawal will depend from whether You have purchased a service or goods:
18.1 Information concerning the exercise of the right of withdrawal for services
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire. To exercise the right of withdrawal, you must inform us (digitalstrom AG. Brandstrasse 26. CH-8952 Schlieren. email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form , but it is not obligatory. To meet the withdrawal deadline, it is suffi cient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of Instructions for the Right of withdrawal with respect to services ordered from digitalstrom.com
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you, or a third party other than the carrier indicated by you, acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us (digitalstrom AG. Brandstrasse 26. CH-8952 Schlieren. firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form [LINK], but it is not obligatory. To meet the withdrawal deadline, it is suffi cient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Instructions for the Right of withdrawal with respect to good ordered from digitalstrom.com
19. User obligations
You are obligated to do the following:
19.1. Pay us the compensation due within the payment deadline.
19.2. Do not use the platform in an unauthorized manner.
19.3. You are responsible for providing an uninterrupted internet connection to the dSS.
19.4. You secure the IT facilities used by You in the Rooms and Your IT system against unauthorized access (specifi cally security settings on the browsers used, installing a fi rewall, up-to-date anti-virus protection, regular data backups) and ensure there is physical access protection.
19.5. You comply with Your delete obligations pursuant to Section 15.
19.6. If You do no use the Rooms (or are not alone) where digitalSTROM components are installed, You must ensure that the interests of other persons are not improperly restricted through Your use of the digitalSTROM System. This specifi cally means the following:
- If You are the employer, You must, within reason, notify employees working in the Rooms of the use of the digitalSTROM System. You may not monitor the behavior of employees at their place of work.
- If You rent or otherwise allow third parties to use the Rooms, You must notify, within reason, Your renters of the use of the digitalSTROM System and must further get the approval of the renter. You may violate the rights of persons, if, for example, You systematically log the times specifi c renters enter and exit the Rooms.
- if You are in the Rooms on a regular basis with others, You must ensure that they or others, do not use the digitalSTROM System in a manner that would result in an unauthorized interference in the interests of the Rooms‘ users.
Additional measures or differentiations may need to be made under Your local regulations to protect the interests of Your employees, renters, or room mates.
20. Technical arrangements
We have the right to undertake technical arrangements that may discover or prevent misuse of my.digitalSTROM. In particular, we are authorized to introduce Digital Rights Management (DRM) against unauthorized copying.
21. Conclusion of contract, duration and termination
21.1. The contractual relationship between You and us may come about in different ways:
- If You purchase digitalSTROM components and install them in Your Rooms, the corresponding purchase agreement and the conditions declared as applicable are initially relevant. The terms and conditions apply as a supplement if the purchase agreement so stipulates;
- Moreover, if You set up a user account at my.digitalSTROM, an agreement enters into effect under all circumstances based on the terms and conditions herewith;
- If You install a Mobile App on Your mobile device, the terms and conditions at hand apply as a supplement pursuant to a reference in the Mobile App.
- If You install server apps on Your dSS, the applicable conditions apply.
21.2. The contractual relationship pursuant to these terms and conditions are unlimited in duration, under reservation of Section 21.3 and Section 21.4.
21.3. The contractual relationship pursuant to the terms and conditions ends:
- At the time You delete the user account at my.digitalSTROM;
- At the time pursuant to Section 16.4, if You choose to exercise a right of termination listed there (unilateral increases in any compensation);
- At the time we delete Your user account pursuant to Section 12.6;
- In the event of death (cannot be transferred through inheritance);
- At the time You or we cancel the contractual relationship under an advance deadline of 3 months (ordinary cancelation);
- At the time You or we cancel the contractual relationship effective immediately for grounds (exceptional cancelation).
21.4. We may disable special services, server apps, and mobile apps at any time without ending the contractual relationship as such.
22. Suspension of contractual relationship or access to my.digitalSTROM
22.1. We are entitled to suspend access to my.digitalSTROM without prior notice or to limit access to specifi c functions for my.digitalSTROM, if
- You repeatedly violate the terms and conditions, specifi cally the provisions under Section 15;
- You are in default of payment on compensation due for my.digitalSTROM as well as for any additional services;
- The unimpeded operation of my.digitalSTROM, Mobile Apps, or other digitalSTROM components is at risk due to circumstance within Your area of risk.
22.2. We are not required to refund compensation paid in the event of suspension pursuant to Section 21.4.
22.3. Even if we have already suspended Your access to my.digitalSTROM as a result of certain events, we still have the right to terminate the contract pursuant to Section 21.3.
23.1. If the user acts as a consumer he shall have the rights for warranty as set out in the law.
23.2. If the user is acting as an enterprise, an insignifi cant defect does not establish a claim in respect of defects; as a supplement, Section 23.3 applies, for existing claims in respect of defects, we have the right to choose how to proceed (type of supplementary performance). A statute of limitations of one year since transfer of risk applies, whereby the statute of limitations does not start anew in the event we supply a replacement in the context of fulfi lling a warranty claim.
23.3. As supplement to Section 23.2, the following applies: Any warranty on our part is rejected in full to the extent we forward services by third parties as part of my.digitalSTROM. We do however forward any warranties to the customer that we have relating to the services of third parties. We reject any further warranty obligations.
24.1. We are liable for any and all contractual, contract-like, and statutory, including tort claims for damages and expenses pursuant to the provisions in Section 24.2-24.3. We exclude any and all other liability.
24.2. We are liable without restriction arising from any legal basis
- For intent or gross negligence,
- For negligent or intentional injury to life, body, or health,
- Based on mandatory liability for example in accordance with the Product Liability Act.
24.3. Liability is limited to typical contractual, predictable damages if we negligently violate a signifi cant contractual duty to the extent we are not liable without restriction pursuant to Section 24.2. Signifi cant contractual duties are, for example, duties the performance of which render the proper execution of the contract even possible and for which the customer may rely as a rule on compliance thereof. Duties essential to the contract are duties that are established in the agreement with the intent to favor the achievement of the contract‘s purpose.
24.4. Liability regulations above apply as well to liability for our auxiliary persons, vicarious agents and legal representatives.
24.5. We reject any and all liability for damages primarily or exclusively caused at the customers, for example, damages due to incompatibility of end devices used by the user to the digitalSTROM System, interruptions to data transmission by the user‘s provider to the user, disabling of necessary cookies or damages resulting for a lack of access security on the part of the user. Supplemental notes on special services, server apps, or mobile apps arising from Section 25.
24.6. We make every attempt to eliminate functional faults or system outages as quickly as possible. We preclude any and all liability for damages that the user may incur caused by a lack of availability of database systems operated by us.
24.7. To the extent we provide access to third-party systems as part of my.digitalSTROM, availability as well as quality requirements for such third-party services are oriented on the provisions applicable to the third-party services. Under no circumstances are we liable for faults, low-quality and/or interruptions with regard to such third-party services.
25. Special notes pertaining to special services
25.1. Special provisions on the Hail Service App (Hail Service). We are not liable for any disadvantages arising from the hail service or other push notifi cations from my.digitalSTROM failing to reach Your local infrastructure, specifi cally, due to a lack of connection to Your local infrastructure. We are not liable for disadvantages arising from hail warnings or other push notifi cations from my.digitalSTROM that are not correctly transmitted or correctly converted, specifi cally when this occurs as a result of incomplete, incorrect, or inappropriate information provided to us by You. We are not liable for disadvantages arising from hail service and other push notifi cations from my.digitalSTROM that do not reach You or Your infrastructure, that were not correctly transmitted, not correctly converted, or as a result of faulty data on the part of third-party providers (content inappropriate, imprecise, outdated, or formatted in an unsuitable form so that forwarding to You fails) or due to the fact that Your selected presettings resulted, in combination with this data, in false conclusions or may have even given rise to the damage.
25.2. Special provisions for user notifi cation function: We are not liable for disadvantages arising from You inappropriately providing access to undesired recipients or to information detrimental to You. We further are not liable in the event that selections made by You for transmission to a third-party provider are not correct, incomplete or arrive too late. We are not liable if You cannot use the service because You have selected inappropriate presettings or Your local home installation has no connection to the Internet (for example, because You have disabled the modem).
25.3. Special provisions for voice control function: Voice recognition is an automated service. We make every effort to provide the highest level of reliability with regard to interpreting Your voice commands. False interpretations cannot be precluded, however. We assume no guarantee that the voice recognition function operates without error in all situations. We are not liable for the consequences of false interpretations. We use language service providers in order to interpret Your voice entries into commands that we can process within the digitalSTROM System. We are not liable for wrong processing of speech commands by such language service providers
26. Amendments to terms and conditions
The terms and conditions conclusively regulate the relationship between the parties. We reserve the right to review the terms and conditions for my.digitalSTROM on a regular basis and amend as needed. We notify You of changes and supplements to the terms and conditions at hand either in writing, by email, and/or online the next time You log on to my.digitalSTROM. Amendments initiated by You do not enter into force until such time as we have consented in the proper written form.due to the fact that Your selected presettings resulted, in combination with this data, in false conclusions or may have even given rise to the damage.
27. Preservation of validity
27.1. In the event that individual provisions or portions of the terms and conditions become null and void or without legal effect, or incomplete, this in no way impacts the validity of the legal relationship established through the terms and conditions. The fact that a provision has no effect and/or is incomplete does not impact the effectiveness of the other provisions.
27.2. A legally valid replacement rule that most closely approximates the ineffective or incomplete provisions takes the place of the ineffective and/or incomplete provisions.
28. Final provisions
28.1. The legal relationship of the parties arising under the terms and conditions is subject to Swiss law to the exclusion of the United Nations Convention on Contracts for International Sale of Goods, dated April 11, 1980.
28.2. Statutory jurisdictional regulations apply if the user acts as a consumer.
28.3. The exclusive jurisdiction for all disputes arising from the terms and conditions is Schlieren, Zurich, if the customer is acting as an enterprise. We are nevertheless entitled to call upon the court at the registered offi ce of the customer.